Read the initial statement published by the NCP - December 2016
Read the final statement published by the NCP - November 2018
On 29 July 2016, the Colombian NCP received a submission by the trade unions SINTRADEM, CGT Cesar and CGT Colombia, alleging the non-observance of the Guidelines by Drummond Ltd., a US coal company operating in Colombia.
More specifically, the submitters alleged the violation of the right to freedom of association and collective bargaining of unionized workers, and of the worker’s human rights (specifically, the right to health) as well as the company’s failure to comply with its due diligence obligations.
On 8 August 2016, the NCP informed the company of the submission and sent all documentation submitted by the trade unions.
During the following months, the NCP held separate meetings with its Consultative Committee and other governmental entities whose opinions were deemed necessary for acceptance or rejection of this specific instance, namely the Ministry of Work, Ministry of Mines and Energy and the National Mining Agency.
In December 2016, the NCP decided to accept part of the specific instance for further examination, admitting the parts related to paragraphs 10, 11 and 12 of Chapter II (General Policies) and paragraphs 2 and 3 of Chapter IV (Human Rights) for review.
As to the parts concerning paragraphs 1 (A) and 1 (B) Chapter V (Employment and Industrial Relations), the NCP decided to reject the submitter’s request. The NCP concluded that the requests concerning “cessation of any judicial or administrative process”, or “Drummond’s public acknowledgement of the Unions existence”, were beyond the capacity of the NCP and the offering of its good offices in this regard could potentially affect the course of existing court proceedings.
Accordingly, the NCP has offered mediation in order to facilitate an agreed solution to the matters accepted for further examination.
In November 2018, the NCP concluded the case and published a final statement.